Charges of Possession With Intent to Distribute a Class D Drug Against College Student do Not Issue After Clerk Magistrate Hearing

In July of this year our client was observed driving from an affluent town to a city saturated with narcotics distribution activities. Police took notice of his vehicle as he pulled next to another vehicle, entered that vehicle and drove away. Officers followed him and saw him park in a remote area. Several minutes later the police observed known drug users approach and enter his case. After these individuals left his car the officers formed the opinion that our client was engaged in some sort of drug distribution activities. They stopped him, searched him and found marijuana, a class D drug along with scales, baggies and a scale. All of this indicated that our client either was selling marijuana or intended to do so. He was summonsed for a clerk magistrate hearing charging him with possession with intent to distribute a class D substance, marijuana, in violation of G.L. c. 94C section 32C. Due to our client’s age, lack of a criminal history and remorseful behavior we prevailed on the clerk not to issue the complaint.

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